In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Bharatiya Nagarik Suraksha Sanhita
Section 248
Trial to be conducted by Public Prosecutor
Englishहिंदी
⚡ Quick Answer Reference: Section 248 BNSS
- Provision: Section 248 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL BEFORE A COURT OF SESSION
- Jurisdiction: India
- Summary: In every trial before a Court of Session, the prosecution will be handled by a Public Prosecutor. This means that a government-appointed lawyer will represent the state in court.
Statutory Content
What does Section 248 of BNSS say?
Indian StandardSection 248, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 248 (India)
Court Pleading StandardSection 248 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/248
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 248 of BNSS mean?
Plain English Explanation
In every trial before a Court of Session, the prosecution will be handled by a Public Prosecutor. This means that a government-appointed lawyer will represent the state in court.
Practical Interpretation
In practice, this section means that the Public Prosecutor will be responsible for presenting the case against the accused, gathering evidence, and arguing the case in court.
Core Legal Purpose
The core purpose of this section is to ensure that the prosecution is conducted fairly and impartially, and that the rights of the accused are protected.
Key Legal Elements
- •The trial must be conducted before a Court of Session.
- •The prosecution must be conducted by a Public Prosecutor.
- •The Public Prosecutor must be appointed by the government.
- •The Public Prosecutor must act impartially and in accordance with the law.
Practical Example
Practical Example of Section 248 BNSS
Rajesh is accused of committing a crime in a Court of Session. The Public Prosecutor, Ms. Priya, is appointed to conduct the prosecution. Ms. Priya gathers evidence, presents the case against Rajesh, and argues the case in court. Throughout the trial, Ms. Priya acts impartially and in accordance with the law.
Common Questions (FAQ)
Frequently Asked Questions about Section 248 BNSS
Q: What is the punishment or consequence under Section 248 of BNSS?
Section 248 of BNSS does not specify a punishment or consequence. However, the punishment for the underlying crime will be determined by the Court of Session.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. The Public Prosecutor will conduct the prosecution in both cases.
Q: Is an offence under this section bailable or cognizable?
An offence under this section is not bailable or cognizable. The Public Prosecutor will conduct the prosecution, and the accused will be subject to the normal criminal procedure.
People Also Ask (PAA)
Common Questions about Section 248 BNSS
What is Section 248 of BNSS?
Section 248 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Trial to be conducted by Public Prosecutor". In plain terms: In every trial before a Court of Session, the prosecution will be handled by a Public Prosecutor. This means that a government-appointed lawyer will represent the state in court.
What is the punishment under Section 248 of BNSS?
Section 248 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 248 of BNSS bailable or non-bailable?
Whether Section 248 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 248 of BNSS?
The essential elements of Section 248 of BNSS are: The trial must be conducted before a Court of Session.; The prosecution must be conducted by a Public Prosecutor.; The Public Prosecutor must be appointed by the government..
Landmark Case Laws
Landmark Judgments under Section 248 BNSS
Patnahcucisdb94 High Court (10 8)
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